Trial Engrossment of Amendment A05126 to House Bill 0782 P.N. 0731, Regular Session 2023-2024

A05126

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

782

Session of

2023

INTRODUCED BY SCHLOSSBERG, BRENNAN, BRIGGS, CIRESI, HILL-EVANS,

KINSEY, MADDEN, OTTEN, PROBST, SANCHEZ AND SIEGEL,

MARCH 30, 2023

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 30, 2023

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled

"An act to empower cities of the second class A, and third

class, boroughs, incorporated towns, townships of the first

and second classes including those within a county of the

second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," in subdivision and land development,

providing for potentially impacted municipalities and further

providing for approval of plats and for completion of

improvements or guarantee thereof prerequisite to final plat

approval; providing for developments of regional significance

and impact; and, in zoning hearing board and other

administrative proceedings, further providing for

jurisdiction.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code, is amended by

adding an article to read:

Section 1. The act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code, is amended by

adding a section to read:

Section 502.2. Potentially Impacted Municipalities.--(a) A

person who proposes a subdivision or development of land shall,

within 10 days of submitting an application for preliminary plat

approval, inform the county or regional planning commission and

the governing body of each contiguous municipality in writing

that the person's application may constitute a development of

regional significance and impact if the application proposes a

development listed under section 506-B(b).

(b) Within 30 days of receiving a notification under

subsection (a), the potentially impacted municipality may, in

writing, request that the reviewing governing body or planning

agency, as the case may be, require the submission of an impact

analysis under section 507-B.

Section 2. Section 508 of the act is amended by adding a

paragraph to read:

Section 508. Approval of Plats.--All applications for

approval of a plat (other than those governed by Article VII),

whether preliminary or final, shall be acted upon by the

governing body or the planning agency within such time limits as

may be fixed in the subdivision and land development ordinance

but the governing body or the planning agency shall render its

decision and communicate it to the applicant not later than 90

days following the date of the regular meeting of the governing

body or the planning agency (whichever first reviews the

application) next following the date the application is filed or

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after a final order of court remanding an application, provided

that should the said next regular meeting occur more than 30

days following the filing of the application or the final order

of the court, the said 90-day period shall be measured from the

30th day following the day the application has been filed.

* * *

(8) If the governing body, or planning agency designated

to review applications under this article, requires an

applicant to prepare and remit an impact analysis under

Article V-B within 45 days of receipt of a preliminary

application for approval of a plat, the period for review

under this section shall not begin until the municipality

determines that the proposed development is not a development

of regional significance and impact or the applicant submits

a written mitigation plan under section 509-B. If a

municipality determines that the proposed development is not

a development of regional significance and impact, the period

of review shall be 90 days and begin on the date that the

decision is communicated to the applicant. If a mitigation

plan is required, the period of review shall be 120 days and

shall begin on the date that the applicant submits the

mitigation plan.

Section 3. Section 509(a) of the act is amended to read:

Section 509. Completion of Improvements or Guarantee Thereof

Prerequisite to Final Plat Approval.--(a) [No] In addition to

any condition imposed by a decision under section 511-B(d)(2),

no plat shall be finally approved unless the streets shown on

such plat have been improved to a mud-free or otherwise

permanently passable condition, or improved as may be required

by the subdivision and land development ordinance and any

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walkways, curbs, gutters, street lights, fire hydrants, shade

trees, water mains, sanitary sewers, storm sewers and other

improvements as may be required by the subdivision and land

development ordinance have been installed in accordance with

such ordinance. In lieu of the completion of any improvements

required as a condition for the final approval of a plat,

including improvements or fees required pursuant to section

509(i), the subdivision and land development ordinance shall

provide for the deposit with the municipality of financial

security in an amount sufficient to cover the costs of such

improvements or common amenities including, but not limited to,

roads, storm water detention and/or retention basins and other

related drainage facilities, recreational facilities, open space

improvements, or buffer or screen plantings which may be

required. The applicant shall not be required to provide

financial security for the costs of any improvements for which

financial security is required by and provided to the Department

of Transportation in connection with the issuance of a highway

occupancy permit pursuant to section 420 of the act of June 1,

1945 (P.L.1242, No.428), known as the "State Highway Law."

* * *

Section 4. The act is amended by adding an article to read:

ARTICLE VI-A V-B

Developments of Regional Significance and Impact

Section 601-A 501-B . Purposes.

The purposes of this article are:

(1) To authorize a comprehensive and coordinated review

by a municipality regarding a proposed development of

regional significance and impact.

(2) To evaluate and mitigate potentially adverse impacts

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on community services, the economy, the environment,

community character, transportation and infrastructure as a

result of a development of regional significance and impact.

(3) To develop cost-effective and reasonable

accountability measures regarding a development of regional

significance and impact.

(4) To encourage timely, well-communicated and well-

coordinated procedures to consider and authorize a

development of regional significance and impact.

(5) To encourage planning consistent with section 27 of

Article I of the Constitution of Pennsylvania.

Section 602-A 502-B . Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Transportation of the

Commonwealth.

"Earth disturbance activity." A construction or other human

activity, done for the purpose of land development, that

disturbs the surface of land.

"Host municipality." A municipality in which a proposed land

development will be located.

"Intermodal terminal." An area or building where the

transportation mode for freight or passengers changes.

"Petroleum storage facility." A facility used to store

gasoline, motor fuel or other petroleum products with a capacity

of more than:

(1) fifty thousand barrels, if the facility is within

1,000 feet of a water supply; or

(2) two hundred thousand barrels.

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"Quarry." An open excavation used for extracting minerals,

rock, stone, sand, gravel or building materials.

"Truck stop facility." An establishment that provides fuel,

parking and related goods and services to primarily support

truck transportation with at least:

(1) six diesel pumps;

(2) five acres of truck parking; or

(3) twenty truck parking spaces.

"Warehouse facility." A logistical, storage or distribution

facility, including a truck terminal, fulfillment center or

facility containing cross docking operations.

"Waste-handling facility." A structure or system designed

for the collection, processing or disposal of solid waste,

including hazardous wastes. The term includes a transfer

station, processing plant, recycling plant and disposal system.

Section 603-A 503-B . Applicability of article.

Unless this article specifically provides to the contrary,

this article supplements this act and does not supersede any

other provision of this act or other law.

Section 604-A 504-B . Scope of article.

(a) General rule.-- This article shall not apply to a person

or legal entity that is regulated by any of the following acts:

(1) The act of May 31, 1945 (P.L.1198, No.418), known as

the Surface Mining Conservation and Reclamation Act.

(2) The act of April 27, 1966 (1st Sp.Sess., P.L.31,

No.1), known as The Bituminous Mine Subsidence and Land

Conservation Act.

(3) The act of September 24, 1968 (P.L.1040, No.318),

known as the Coal Refuse Disposal Control Act.

(4) The act of December 18, 1984 (P.L.1069, No.214),

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known as the Coal and Gas Resource Coordination Act.

(5) The act of December 19, 1984 (P.L.1093, No.219),

known as the Noncoal Surface Mining Conservation and

Reclamation Act.

(6) 58 Pa.C.S. Ch. 32 (relating to development).

(b) Scope.--If a land development specified in section 506-B

requires access to a State highway, nothing in this article

shall be construed to supersede the department's exclusive

jurisdiction over the State highway system or to modify the

requirements in the department's regulations relating to highway

occupancy permits. A developer seeking access to a State highway

must submit a complete highway occupancy permit application to

the department's electronic permitting system, including the

submission of a transportation impact study in accordance with

the department's guidelines.

Section 605-A. Compliance.

A municipal, multimunicipal or county comprehensive plan

shall include provisions consistent with the provisions

contained in this article. If a host municipality is not

governed by a municipal or multimunicipal comprehensive plan,

the provisions of the county comprehensive plan in which the

host municipality is located shall govern and shall be

consistent with respect to the provisions contained in this

article.

Section 606-A. Impact analysis.

(a) General rule.--If a person submits to a host

municipality an application for land development that involves a

development specified in this section, the applicant shall also

submit an impact analysis under section 607-A to the host

municipality.

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Section 505-B. (Reserved).

Section 506-B. Impact analysis.

(a) The governing body of a host municipality, or the

planning agency designated to review applications under Article

V on behalf of a host municipality, shall require an applicant

to prepare and submit an impact analysis under section 507-B as

a condition of receiving preliminary approval for land

development if the governing body or planning agency determines

that it is reasonably likely that subsection (b) applies or the

governing body or planning agency has received a notification

from a county or regional planning agency under section

502.2(b).

(b) Types of development.--An impact analysis under section

607-A is 507-B shall be required if a proposed land development

consists of any of the following:

(1) an airport;

(2) an intermodal terminal;

(3) a petroleum storage facility;

(4) a waste-handling facility or the cumulative

expansion of an existing waste-handling facility that occurs

during any three-year period and creates a significant

degradation in the level of service with respect to traffic

impact, as determined by regulations established by the

department;

(5) a quarry or the cumulative expansion of an existing

quarry that occurs during any three-year period and creates a

significant degradation in the level of service with respect

to traffic impact, as determined by regulations established

by the department;

(6) a truck stop facility that creates a significant

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degradation in the level of service with respect to traffic

impact, as determined by regulations established by the

department;

(6.1) a warehouse facility that creates a significant

degradation in the level of service with respect to traffic

impact as determined by regulations established by the

department;

(7) a land development in a watershed that is unstudied

under the act of October 4, 1978 (P.L.864, No.167), known as

the Storm Water Management Act, and involves at least 100

acres of contributory watershed that is upstream from the

land development and at least 25 acres in total land area of

earth disturbance activity associated with the land

development;

(8) a land development in which the permittees of the

receiving sewerage facilities for the development have

submitted information that documents that the existing

collection, conveyance and treatment system have an existing

hydraulic or organic overload or five-year projected

overload; or

(9) a land development in which the permittees of the

collection, conveyance and treatment system receiving

facilities have certified to the host municipality that there

is not capacity to receive and treat sewage flows from the

development or that the additional wasteload from the

development will create a hydraulic or organic overload or

five-year projected overload .

impact analysis under section 607-A is required if a proposed

land development is within a host municipality with a population

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of 10,000 or more, as determined by the most current decennial

census, and will result in:

(1) the generation of 3,000 or more average daily trips

or 1,500 vehicles per day; or

(2) a significant impact on highway safety or traffic

flow, as determined by standards established by the

department.

(d) Municipalities with population of less than 10,000.--An

impact analysis under section 607-A is required if a proposed

land development is within a host municipality with a population

of less than 10,000, as determined by the most current decennial

census, and will result in:

(1) a significant impact on highway safety or traffic

flow, as determined by standards established by the

department;

(2) the generation of 3,000 or more average daily trips

or 1,500 vehicles per day;

(3) the generation of 100 or more vehicle trips entering

or exiting the development during any one-hour time period of

any day of the week; or

(4) for an existing site being redeveloped, the

generation of 100 or more additional vehicle trips entering

or exiting the development during any one-hour time period of

any day of the week.

(e) Comprehensive plan.--A host municipality may increase or

decrease a numerical threshold in subsection (c) or (d) to apply

to the municipality if:

(1) a revised numerical threshold is adopted in a county

plan or multimunicipal comprehensive plan under Article XI;

and

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(2) the host municipality has:

(i) adopted the county plan or multimunicipal

comprehensive plan and conformed its local plans and

ordinances to the county plan or multimunicipal

comprehensive plan by implementing a cooperative

agreement and adopting appropriate resolutions and

ordinances; or

(ii) entered into an implementation agreement to

carry out the county plan or multimunicipal comprehensive

plan. ; or

(10) a land development within a host municipality that

will result in:

(i) In the case of a municipality with a population

of 10,000 or more as determined by the most current

decennial census:

(A) the generation of 3,000 or more average

daily trips or 1,500 vehicles per day; or

(B) a significant impact on highway safety or

traffic flow, as determined by standards established

by the department.

(ii) In the case of a municipality with a population

of less than 10,000 as determined by the most current

decennial census:

(A) a significant impact on highway safety or

traffic flow, as determined by standards established

by the department;

(B) the generation of 3,000 or more average

daily trips or 1,500 vehicles per day;

entering or exiting the development during any one-

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hour time period of any day of the week; or

(D) for an existing site being redeveloped, the

generation of 100 or more additional vehicle trips

entering or exiting the development during any one-

hour time period of any day of the week.

Section 607-A 507-B . Contents of impact analysis.

(a) Submission.--An applicant shall submit an impact

analysis to the host municipality as required by section 606-A

506-B .

(b) Costs.--An applicant shall be responsible for all costs

involving the preparation and review of the impact analysis.

analyze the effect of the proposed land development on the host

municipality and other affected municipalities and shall address

all of the following:

(1) A list of contiguous and affected municipalities and

counties as determined by the applicant.

(1) (1.1) The financial impact regarding any expanded

emergency and infrastructure services, including services

regarding police, fire, ambulance, medical care, sewer,

water, transportation and utilities.

(2) The disturbance of agricultural areas, forested

areas and greenfields.

(3) The effect on natural resources, historic resources

and tourism, including parks, open spaces, historic

structures, ethnic heritage sites, the character of

neighborhoods and areas, historic landscapes, scenic views

and wildlife habitats.

(4) The effect on residential housing opportunities,

including property values and the potential number and

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character of new housing units.

(5) The redevelopment of brownfields or greyfields.

(6) The likelihood that the proposed land development

will spur other land development in the area.

(7) Subject to traffic impact guidelines developed by

the department, the effect on transportation and

transportation infrastructure. Consideration shall be given

to trip generation, trip distribution and area

municipalities.

(8) Any other matter that is required by an applicable

provision in the municipal or multimunicipal ordinance that

governs the host municipality or that is covered by an

applicable provision in the municipal, multimunicipal or

county comprehensive plan for the host municipality.

(d) Distribution.--The impact analysis shall be distributed

to all contiguous and affected municipalities and counties as

described in subsection (c)(1) at least 10 days prior to the

public hearing in section 508-B.

Section 608-A 508-B . Classification as development of regional

significance and impact.

(a) Notice of public hearing.--The following shall apply to

a notice of public hearing:

(1) In addition to any other notice requirement under

this act, a host municipality shall provide timely written

notice of the public hearing under this section to:

(i) each contiguous municipality; and

(ii) each municipality that is potentially impacted

by the proposed land development and identified in the

impact analysis under section 607-A 507-B .

(2) The notice shall specify that the host municipality

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is considering whether to classify the proposed land

development as a development of regional significance and

impact.

(b) Public hearing.--The following shall apply to a public

hearing:

(1) A host municipality shall conduct a public hearing

to review the impact analysis under section 607-A 507-B and

determine whether the proposed land development is a

development of regional significance and impact.

(2) A representative from a municipality receiving

notice under subsection (a) may provide public comment to the

host municipality regarding the issue of whether to classify

the proposed land development as a development of regional

significance and impact.

process by which a host municipality determines decides whether

to classify a proposed land development as a development of

regional significance and impact:

(1) The host municipality shall specifically consider

the potential direct impacts on other municipalities.

(2) The host municipality shall issue its decision in

writing and provide specific reasons supporting its

determination decision .

(d) Effect.--Once a proposed land development is classified

as a development of regional significance and impact, the

proposed land development shall be subject to the provisions of

this article.

(e) Waiver.--The requirements of subsections (a), (b) and

host municipality's proposed designation that the application

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constitutes a development of regional significance and impact

for the purposes of this article.

Section 609-A 509-B . Mitigation plan.

(a) Submission.--An applicant shall submit to the host

municipality a written mitigation plan that explains the nature

and extent of mitigation efforts to address any known or

potential harm or negative effect cited by the host municipality

in the classification of the proposed land development as a

development of regional significance and impact under section

608-A 508-B .

(b) Professional review.--An applicant shall demonstrate

that the mitigation plan submitted under this section has been

reviewed and written comments have been prepared for the host

municipality regarding the effect of the proposed mitigation

measures on the public health, safety and welfare by:

(1) A traffic engineer.

(2) An individual who is:

(i) licensed in this Commonwealth to perform

services or activities related to the provisions of this

article; and

(ii) qualified by training and experience to perform

such services or activities with technical competence.

involving the preparation and review of the mitigation plan.

Section 610-A 510-B . Coordinated and expedited review.

(a) Request.--An applicant may request a coordinated and

expedited review of any aspect of a proposed development of

regional significance and impact by the department, the

Department of Environmental Protection or other governmental

entity whose approval is required for the proposed development.

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(b) Governmental cooperation.--The department, the

Department of Environmental Protection or other governmental

entity whose approval is required for the proposed land

development shall ensure adequate communication and cooperation

by and between the governmental entities.

department, the Department of Environmental Protection or other

governmental entity whose approval is required for the proposed

land development, an applicant shall submit to each governmental

entity the necessary information for review of the proposed land

development.

(d) Report.--Within 45 days after submission of all the

necessary information under subsection (c) for a coordinated and

expedited review, a governmental entity receiving the

information shall prepare a written report of findings, comments

and recommendations regarding the proposed land development and

send the report to the applicant and host municipality.

(e) Discretion of governmental entity.--The following shall

apply to the discretion of a governmental entity under this

section:

(1) Nothing in this section shall be construed to

require the department, the Department of Environmental

Protection or other governmental entity whose approval is

required for the proposed land development to conduct a

coordinated and expedited review.

(2) Upon the written consent of the applicant, the

department, the Department of Environmental Protection or

other governmental entity whose approval is required for the

proposed land development may extend the time period under

subsection (d).

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(f) Fees.--The following shall apply to fees under this

section:

(1) An applicant shall be responsible for all fees

involving coordinated and expedited review of a proposed

development of regional significance and impact under this

section.

(2) Unless the applicant agrees otherwise, if the

department, the Department of Environmental Protection or

other governmental entity whose approval is required for the

proposed land development cannot complete the coordinated and

expedited review and submit the report within the time period

under subsection (d), the governmental entity shall return to

the applicant the full amount of the fee collected under this

section.

Section 611-A 511-B . Municipal review and determination

decision .

(a) Hearing required.--The host municipality shall conduct a

hearing to review a proposed development of regional

significance and impact.

(b) Considerations.--At the hearing the host municipality

shall consider all of the following:

(1) Subject to subsection (c), testimony and other

information from:

(i) The department.

(ii) The Department of Environmental Protection.

(iii) Other governmental entities whose approval is

required for the proposed land development.

(iv) The county in which the host municipality is

located.

(v) Contiguous municipalities.

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(vi) Municipalities that are potentially impacted by

the proposed land development.

(vii) Area school districts potentially impacted by

the proposed land development.

(viii) Concerned individuals, municipal and regional

planners, engineers, persons potentially impacted by the

proposed land development and other persons as determined

by the host municipality.

(2) The impact analysis under section 607-A 507-B and

other reports concerning the proposed land development.

(3) The mitigation plan under section 609-A 509-B .

(4) Whether the proposed land development is consistent

with an applicable provision in:

(i) a municipal, multimunicipal or county

comprehensive plan; and

(ii) a municipal or multimunicipal ordinance or

regulation.

(5) The totality of impacts regarding the proposed land

development and the cumulative effect of development on the

host municipality and affected municipalities.

testimony to be presented at the hearing if the testimony is

repetitive.

(d) Determination Decision .--Based on the testimony and

other information received with respect to a proposed

development of regional significance and impact, the host

municipality shall render a decision under this section within

120 days of the submission of the mitigation plan. The host

municipality's decision may:

(1) Approve the proposed development.

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(2) Approve the proposed development with conditions

attached. A condition shall be reasonable and necessary

reasonably fashioned to mitigate any impact or additional

impact attributable to the proposed development and shall

bear a direct relationship to the burden being imposed by the

proposed development. A condition may include offsite

improvements to public facilities. A condition may not

involve any of the following:

(i) The correction of an existing deficiency in the

environment or public infrastructure.

(ii) A contribution or payment for the acquisition

of land or expansion of public facilities, unless the

host municipality's municipal ordinance contains the same

or a similar condition for development that is not

subject to this article.

(iii) The contribution or payment associated with

the cost of a municipal improvement that exceeds the

proposed development's proportionate share of the cost

established under this article or any applicable

provision of this act or other law or ordinance. By

accepting the proposed development's proportionate share,

the host municipality assures that the municipal

improvement will be made without any additional

contribution or payment from the applicant for that

purpose.

(3) Disapprove the proposed development.

(e) Reasons.--The host municipality shall provide specific

reasons supporting its determination decision under subsection

(d).

(f) Conditions of approval.--A condition imposed under

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subsection (d)(2) shall be deemed an improvement or other

condition necessary for final approval under section 509.

Section 612-A 512-B . Additional standards and criteria.

(a) Ordinance.-- Nothing in this article shall be construed

to restrict a municipality from establishing additional

standards and criteria under this article by ordinance , in

conformity with this act, including, but not limited to:

(1) thresholds under subsection 606-A 506-B ;

(2) the contents of an impact analysis under section

607-A(c) 507-B(c) ;

(3) the classification of a development of regional

significance and impact under section 608-A 508-B ; and

(4) considerations under section 611-A(b) 511-B(b) .

(b) Adoption of ordinance.--

(1) Before voting on the enactment or amendment of a

proposed ordinance under this section, the governing body

shall hold a public hearing on the proposed ordinance

pursuant to public notice. A brief summary stating the

principal provisions of the proposed ordinance and a

reference to the place within the municipality where copies

of the proposed ordinance may be secured or examined shall be

incorporated in the public notice.

(2) Unless the proposed ordinance was prepared by the

planning agency, the governing body shall submit the

ordinance to the planning agency at least 30 days prior to

the hearing on the ordinance to provide the planning agency

an opportunity to submit recommendations.

(3) If a county or regional planning agency exists for

the county in which the municipality adopting the ordinance

is located, then, at least 30 days prior to the public

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hearing on the ordinance, the municipality shall submit the

proposed ordinance to the county or regional planning agency

for recommendations.

(4) Within 30 days after adoption, the governing body of

a municipality, other than a county, shall forward a

certified copy of the ordinance to the county planning agency

or, in a county where no planning agency exists, to the

governing body of the county in which the municipality is

located.

applications as provided in section 508(4).

Section 613-A 513-B . Financial considerations.

(a) Applicant costs.--The host municipality or the county in

which the host municipality is located may provide financial

incentives to an applicant to mitigate the costs regarding an

impact analysis, a mitigation plan or a coordinated and

expedited review of a proposed development of regional

significance and impact.

(b) Tax Revenue sharing.--The host municipality shall

develop a tax revenue sharing plan for contiguous municipalities

adversely affected by an approved development of regional

significance and impact as a result of additional expenses

incurred for police and fire protection, medical services, road

maintenance and infrastructure.

capacity regarding the professional review of the proposed land

development plans, the impact analysis or the mitigation plan,

the county in which the host municipality is located shall

determine whether and the extent to which the county can assist

the host municipality with the professional review.

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Section 614-A 514-B . Notice generally.

Except as otherwise provided in this article, this act shall

govern notice of a public hearing, hearing or determination

decision . Written notice shall be given to the applicant, an

owner of property that is contiguous to the proposed land

development and other person requesting a copy of the notice. A

municipality shall provide, as appropriate, timely written

notification to a contiguous municipality, municipality or area

school district potentially impacted by the proposed land

development.

Section 615-A 515-B . Appeals.

(a) Jurisdiction.--An appeal of a determination decision

under section 611-A 511-B must be filed with the court of common

pleas of the county in which the host municipality which made

the determination decision is located.

(b) Parties.--An appeal under this section shall be limited

to those parties that appeared before the host municipality at

the hearing.

section 611-A 511-B shall be governed by Article X-A.

(d) Mediation.--Parties to a contested case may use

mediation as an aid to a formal appeal, in which case the

provisions of section 908.1 shall govern.

Section 2 5. Section 909.1(b) of the act is amended by

adding a paragraph to read:

Section 909.1. Jurisdiction.--* * *

(b) The governing body or, except as to clauses (3), (4) and

(5), the planning agency, if designated, shall have exclusive

jurisdiction to hear and render final adjudications in the

following matters:

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* * *

(8) Applications for a proposed land development under

Article VI-A V-B .

Section 3 6. This act shall take effect in six months.

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